Terms of Services
By viewing or accessing Caymaya Inc.’s Caymaya.com website, and/or using Caymaya Inc. games, software, applications, products or services you expressly agree to the following Terms and Conditions detailed below. Caymaya.com is a product of Caymaya Inc..
Your use of the Caymaya Inc.’s Caymaya.com website and/or use of Caymaya Inc. games, software, applications, products or services signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions you are not allowed to access or use Caymaya Inc.’s websites, games. Software, applications, products or services. Caymaya Inc. reserves the right to modify, alter and update the content of these Terms and Conditions at anytime. The current terms and conditions will be posted here: http://www.caymaya.com/terms-and-conditions
Although Caymaya Inc. attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. Caymaya Inc. does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CAYMAYA LTD. OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CAYMAYA LTD.’S CAYMAYA.COM WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF CAYMAYA LIMITED WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
Age restrictions
Caymaya Ltd. requires users to the Caymaya website and any of its services to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them in which case they may only use the sections and games of the Caymaya.com website at selected described links. (List of links will be soon.)
Caymaya limited does not consider the Caymaya.com website or any of the Caymaya.com or Caymaya Ltd. services to be for individuals under 14 years of age except for the sections/links stated above. By using this website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Caymaya.com website without your Parent or guardian directly supervising you.
You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing Caymaya Ltd.’s Caymaya.com website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access Caymaya Ltd.’s Caymaya.com website or services except for the sections/links stated above while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Caymaya.com website or services, on sections/links not stated above or on the sections/links stated above without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LTD. TO, NEGLIGENCE NEITHER CAYMAYA LTD., ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 14 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CaymayaCaymayaw or assist children under 14 years old to access the Caymaya.com website or services, on sections/links not stated above or on the sections/links stated above without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LTD. TO, NEGLIGENCE NEITHER CAYMAYA LTD., ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 14 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification and Termination
Caymaya.com reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users’ access to the Service, without notice to Users.
Without limiting other remedies, Caymaya.com may immediately issue a warning, temporarily suspend, indefinitely suspend your use of the Service and refuse to provide our services to you for any reason, including without limitation, violation of any one or more of the User Conduct terms described below or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if Caymaya.com is unable to verify or authenticate any information you provide to Caymaya.com; or (3) if Caymaya.com believes that your actions may cause legal liability for you, our users, or to Caymaya.com. Such termination or suspension of services may be without refund, at Caymaya.com’s sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING CAYMAYA.COM’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.
Eligibility and Security
Caymaya.com does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Canada or its citizens.
Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User’s password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User’s account, password or any personally identifiable information.
Information
User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, billing and credit card information and all other personally identifiable information provided by the User. Users may not share, or transfer paid membership accounts.
User Conduct
USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If Caymaya.com has notice that a User has violated this term of user, Caymaya.com may, in its sole discretion, either (1) warn the user that the User is in violation of this term of the Agreement, (2) remove the material from our site or (3) terminate the User’s access to the Service without warning.
User shall not (i) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code or (ii) modify or attempt to modify the Service in any manner or form.
User will not take any actions, which may undermine the integrity of the user referral system, or the User feedback system used to solicit feedback from Users.
User will not create obscene, profane, threatening, defamatory, or hateful user screen names, room names, topic names, welcome messages, or comments in any area of the Service.
User will not solicit Credit Card numbers for goods or services, nor engage in any commercial activity on the Service which Caymaya.com has not expressly, and previously authorized.
User will not solicit for advertisers or sponsors.
User will not display advertising or sponsorships of any kind on Caymaya.com message boards or in other service areas, including banners that are generated by banner or link exchange services, with the sole exception of those placed there by Caymaya.com or its affiliates;
User will not interfere with the operation of any official help boards, chats, or other services, or impede the ability of Caymaya.com employees to perform their duties.
User shall (i) use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations; (ii) not interfere with the use and enjoyment of the Service by other Users; (iii) not interfere with or disrupt the Service or sources or networks connected to the Service; (iv) shall comply with all requirements, procedures, policies and regulations posted on the Service by Caymaya.com from time to time and/or any networks connected to the Service; (v) not use the Service in a manner which may result in the breach of any Agreement by User with any third party; (vi) will not transmit through the Service any unlawful, harassing, defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening, harmful, misleading, obscene or otherwise objectionable material of any kind; (vii) not use the Service for the placing of wagers or bets or other gambling activity; (viii) not use the Service in a manner that promotes or contributes to the delinquency of a minor or solicit a minor in any way through the Service; (ix) not attempt to gain unauthorized access to other computer systems or networks connected to the Site; x) not transmit “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email or bulletin board postings; (xi) not use any information or material on this site for marketing or solicitation; (xii) not transmit broad solicitation for employees, consultants, contractors or for participation on their Web sites; (xiii) not use Service for purposes of multi-level marketing proposals, for example, offering to help participants “get rich quickly” , “lose weight now” or “make money surfing the Web,” and (xiv) not transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from our Users, our Employees, or the system itself.
User Billing and Payment
Any user who subscribes to or uses any paid Caymaya.com service is responsible for payment of fees at the rate listed by Caymaya.com. The user authorizes Caymaya.com to collect such fees immediately by debiting the user’s credit card or through the immediate collection of other forms of payment, electronic or otherwise.
Warranty Disclaimer
THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. CAYMAYA.COM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CAYMAYA.COM BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY CAYMAYA.COM, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILIITY ARISING FROM OR IN ANY WAY RELATED TO A USER’S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY’S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Caymaya.com and its employees and agents from any and all liability for claims, damages (actual and consequential). Costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Services
Caymaya.com reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. Caymaya.com will announce any change in the price of the program on its website prior to any such change taking effect.
By posting on message boards, participating in chat rooms, or creating any other content (excluding private email communication), you will be deemed to have granted Caymaya.com perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.
If ordering merchandise and/or services from anyone other than Caymaya.com, through any commercial service offered via an official Caymaya.com partnership or affiliate, via Caymaya.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Caymaya.com makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
Copyrights and Copyright Agent
Caymaya.com has adopted and implemented a policy that provides for the termination of services in appropriate circumstances of Users who infringe on copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caymaya.com with the following information required under 17 U.S.C. s. 512;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and;
Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Caymaya.com to locate the material;
Information reasonably sufficient to permit Caymaya.com to contact the complaining party, such as an electronic email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please submit this information to us: contact info.
You maintain a copyright on any copyrighted original material you post, to the extent allowed by law.
Links to Other Web Sites
The Service may provide links to Web sites other than Caymaya.com. Caymaya.com neither controls such Sites or Services nor endorses any of the materials or policies on such sites or Services, including but not limited to Privacy Policies, or any association with their operators.
No Assignment
User shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Caymaya.com. Any such proposed assignment or delegation by User without the appropriate prior written consent of Caymaya.com will be null and void and of no force or effect, unless otherwise expressly consented to by Caymaya.com at its sole and absolute discretion.
Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Caymaya.com’s failure to act with respect to a breach by User or others does not waive Caymaya.com’s right to act with respect to subsequent or similar breaches. The failure of Caymaya.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are for convenience only and shall not limit or otherwise affect the terms of this Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA AS IF MADE IN BRITISH COLUMBIA BY TWO RESIDENTS OF THAT PROVINCE. This Agreement constitutes the entire agreement between Caymaya.com and User with respect to the subject matter hereof.
Caymaya.com may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the Caymaya.com web site. If you do not agree to the changes, your only remedy is to discontinue use of Caymaya.com.
Caymaya.com Privacy Policy
Caymaya.com is a property of Caymaya Ltd.
Caymaya Ltd. respects the privacy concerns of visitors to Caymaya.com. We do not sell or disclose your email address or other information about you. We may log IP addresses to prevent abuse of our website and newsletters. Caymaya Ltd. may disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Caymaya’s property, visitors, or anyone else that could be harmed by such activities.
Third Party Advertising. We use DoubleClick and other third-party advertising companies to serve ads when you visit our Web site. These companies and Caymaya Ltd. may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here http://www.networkadvertising.org/optout_nonppii.asp
Third Party Cookies may be used in the course of serving advertisements to this site. Caymaya Limtied and/or our third-party advertisers may place or recognize a unique “cookie” on your browser. We may also share the anonymous information that we collect from you with our business partners or clients so that they may improve their services.
Changes to this Privacy Policy
You agree that Caymaya Ltd. may change these terms and conditions at any time. Our current Privacy Policy will be posted here: http://www.caymaya.com/terms-and-conditions which is part of our terms and conditions posted here: http://www.caymaya.com/terms-and-conditions
You will be able to check and read the current terms and conditions and if you do not agree with them you may not access Caymaya.com or any of its services.
Part of our terms and conditions
This privacy Policy is part of our terms and conditions posted here: http://www.caymaya.com/terms-and-conditions
Newsletter Email Polcy
We strive to keep our customers happy by providing them with an easy to use system for joining and unjoing our lists.
Our newsletters have an easy to use system with alternative methods of unjoing to ensure that you can easily be removed from our lists. This is done automatically or if need be, manually by our help department.
Why our join system is superior to most others:
1. No small print or multiple check boxes already checked that you have to uncheck.
2. We only allow you to opt in to a newsletter unlike others who force you to opt out by un-checking one or many boxes.
3. Only your full email address entered into a form will opt you into a list.
4. We do not buy email addresses from other sources.
5. We do not borrow email addresses from other sources.
6. We do not send our emails to addresses from other sources.
7. We do not spam.
8. We log IP addresses to prevent abuse.
9. We do not sell our email addresses.
10. We only send to our own opt in email list members. (Caymaya Members who have chosen to receive our Newsletters.)
11. How we help to shield our members from spamming and protect their privacy.
12. We don’t sell our email lists.
13. We don’t loan our email lists.
14. We don’t let other companies use our email lists.
15. We don’t disclose our email addresses to anyone else.
16. As you can see Caymaya.com strives to ensure the very best experience for our users by being very stringent in regard to our Newsletter/Email Policy and our system that ensures every member the ability to unjoin from our lists.
If you would like to be removed from any Caymaya list send an email to newsletter at caymaya.com with the email address you would like removed and if you can also forward us the last newsletter you received to newsletter at caymaya.com.
If you feel someone is trying to abuse the system you may report it here: newsletter at caymaya.com
Acceptable Use Policy
Caymaya Ltd. has no tolerance for any misuse of our website for any immoral, illegal or other activity deemed to be inappropriate by Caymaya Ltd. We hold any user of our website responsible for any misappropriate behavior which includes any attempt to use our system for spamming or any other type of abuse. If we get a complaint we can investigate and if necessary track down the person or persons responsible the activity to take any necessary actions such as prosecution.
Caymaya.com may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the Caymaya.com web site. If you do not agree to the changes, your only remedy is to discontinue use of Caymaya.com.